Losing a loved one would be a time that brings great pain and difficulty to anyone. However, when that loss is the result of the negligence of someone else, the devastation can be even more difficult to bear. Have you have lost a loved one in an accident that someone else caused? You could be able to bring a wrongful death claim against that individual or company.
Examples of Wrongful Death Claims
Wrongful death claims can be brought in a number of situations. Two common situations involve work accidents and automobile accidents. Here are some examples of wrongful death claims:
- Work Accidents – When a person is killed while on the job, his family and heirs may be able to pursue a wrongful death claim against the party who was responsible for causing the incident. For example, when a company fails to maintain equipment and that failure was responsible for an incident that killed a worker, a wrongful death claim may be able to be brought against the company.
- Motor Vehicle Accidents – If someone was killed in a car accident because another driver did not follow the rules of the road, a wrongful death claim may be able to be brought against the driver who was found to have violated traffic laws. It is important to consult with a qualified wrongful death attorney regarding your situation.
Who Can File a Wrongful Death Claim?
Laws vary from state to state regarding who would benefit from a potential wrongful death claim on behalf of the deceased, but wrongful death claims are generally brought by family members of the victim. In Texas, beneficiaries of a wrongful death claim include spouses, children, and parents of unmarried children. In order to determine if you are eligible to benefit from a wrongful death claim, you should consult with an experienced wrongful death attorney about the circumstances of your case.
What Damages Are Recoverable in a Wrongful Death Claim?
No amount of money will bring back your loved one. However, a person filing a wrongful death claim may be able to recover financial compensation for three types of damages depending on the applicable laws of the state where the action is brought.
- Economic Damages – Economic damages include things such as funeral and medical expenses related to the death, loss of the deceased’s future earnings, and loss of the deceased’s future benefits.
- Non-economic Damages – Non-economic damages are things that have a less tangible value. This includes pain and suffering, mental anguish, loss of inheritance and loss of consortium.
- Punitive Damages – Punitive damages are sometimes awarded in addition to economic and non-economic damages as a way of punishing the liable party for willful or grossly negligent acts.
Consulting with a Wrongful Death Attorney
Have you have lost a loved one in an accident? Are you unsure if you are able to file a wrongful death claim? You should consult with a Houston wrongful death attorney at The Pinkerton Law Firm, PLLC as soon as possible as possible. The amount of time you have to file a claim varies depending on the state. At The Pinkerton Law Firm, PLLC, our attorneys will provide you with a free consultation to help you determine your legal options. Contact our wrongful death attorneys today to learn how we can help you.